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2021 DIGILAW 188 (RAJ)

Shubra Khanam v. State Of Rajasthan

2021-01-22

SATISH KUMAR SHARMA

body2021
JUDGMENT Satish Kumar Sharma, J. - This Petition has been filed under Section 482 Cr.P.C. for protection of life and personal liberty of the petitioner. 2. Heard learned counsel for both the sides and perused the material made available on record. 3. Learned counsel for the petitioner submits that the husband and family members, who happen to be private respondents, are harassing the petitioner and they are regularly threatening the petitioner. Given that her life and liberty is in danger, police protection may be granted to her. 4. Learned Public Prosecutor submits that appropriate directions may be issued. 5. In view of the order intended to be passed in the petition, being non-prejudicial to the private respondents, no notices are required against them. 6. Heard. Considered. 7. Article 21 of the Constitution of India mandates that life and personal liberty of the individuals has to be protected except according to procedure established by law. Further, as per Section 29 of Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens. 8. Therefore, in light of above legal position and having regard to the above submissions but without expressing any opinion on the genuineness or correctness of the allegations made by the petitioner, this petition is disposed of with the direction that learned counsel for the petitioner shall send a copy of the petition along with its annexures to the Station House Officer of concerned Police Station through e-mail, and on receipt of the same, the Station House Officer concerned shall treat it as a complaint and after due enquiry, he shall take necessary preventive measures and other steps to ensure safety and security of the petitioner in accordance with law. 9. However, as a precautionary note, it is made clear that this order shall not come in the way of civil/criminal case, if any, and such case would take its own course as per law.